Competition Law

We recognise that you operate in complex and changing environments with sophisticated and diverse needs, both within Australia and through regional and global businesses.

At the same time, the investigative powers and resourcing of competition (antitrust) and regulatory authorities to detect anticompetitive conduct is strengthening, with greater focus on prosecutions and penalties together with more streamlined cooperation between jurisdictions in both merger clearance and enforcement matters.

With our extensive knowledge and experience, we can advise you, no matter your industry, sector or project throughout Australia and the Asia Pacific. As part of a global network of PwC firms, spanning more than 80 countries, we can provide you with a global integrated response to your competition law needs, and allow for coordinated advice to be provided.

We do this through a combination of:

  • engaging technical lawyers who have extensive experience advising clients on the intersection of business imperatives against legal and regulatory requirements including on the largest and most complex of transactions
  • ensuring our lawyers have real world commercial acumen gained through senior industry in-house exposure enabling them to fully grasp business strategy and market dynamics for effective communication and interaction with clients, regulators and Government stakeholders
  • as appropriate, offering a multi-disciplinary approach to problem solving which integrates with other service offerings such as deals, tax, assurance, economic and financial analysis and modelling, consulting, forensics and strategy
  • as appropriate, offering a domestic or global service with PwC network firms in key jurisdictions

Antitrust and competition law

We can assist you with all your competition law issues including:

  • merger clearances (within Australia and globally)
  • competition law advice
  • mergers, acquisitions and joint ventures
  • cartels and other anticompetitive investigations
  • abuse of market power issues
  • authorisations and notifications
  • business structuring and compliance reviews
  • compliance audits, frameworks and training courses
  • trade practices compliance training and programs
  • ACCC and other relevant competition or regulatory authority interactions on all these issues

Regulatory

We can assist you with regulatory issues including:

  • industry specific regulatory requirements (telecommunications, media and broadcasting, transport, energy, water, financial services resources, digital and technology)
  • access issues
  • franchising and other industry codes
  • anti-corruption, bribery and anti-money laundering
  • foreign investment and government relations
  • privacy and data protection compliance and investigations
  • preparing submissions and interacting with Government and non-Government stakeholders on policy design, change and implementation
  • internal investigations
  • prevention, detection and response to regulatory investigations and prosecutions
  • immunity and leniency applications
  • negotiation of enforceable undertakings
  • appeals to Australian Competition Tribunal
  • representation in court in response to regulatory action, including criminal or civil prosecutions

Consumer protection

We can assist you with all your consumer protection law issues including:

  • misleading and deceptive conduct
  • unconscionable conduct
  • unfair contract terms
  • consumer guarantees
  • vetting of marketing, advertising and promotional materials
  • prices surveillance and compliance
  • product liability, product safety and recalls
  • compliance audits, frameworks and training courses
  • product offering compliance reviews
  • ACCC and State/Territory regulator interactions on all these issues

Multi-disciplinary services

Our adjacent multi-disciplinary services include:

  • economic and financial analysis: economic market analysis, cost modelling, pricing reviews and regulatory impact statements
  • people and organisation: behavioural insights, employment law, change management, reward structures, organisational design
  • strategy and industry sector expertise: market and industry insights and intelligence, new entrants, strategic initiatives, marketing, product launches, disruptive influence, digital and technology advances, and disruptive influences
  • forensic and ediscovery services: forensic collection and preservation of electronic and non-electronic documents, forensic or digital analysis of evidence, internal investigations, compliance with court and statutory orders to produce
  • deals: due diligence, valuation advice, pre-deal go to market strategy, post-deal integration, transaction valuations, divestiture and restructuring
  • risk consulting and compliance: systematic and structured methodologies, risk assurance and compliance frameworks, training, implementation of undertakings

Get the edge on your antitrust and competition law requirements and contact PwC’S Regulatory team.

Competition Law Publications

Unfair contract terms regime extended to protect small business - 19 August 2015

The Federal Government recently introduced a Bill to Parliament designed to provide small businesses with protection against unfair contract terms. This Alert examines the impact for enterprises which deal with small businesses under standard form contracts.

Harper Review into Competition Policy – final report - 1 April 2015

The Final Report of the Federal Government’s independent review of competition policy in Australia – the so called “Harper Review” - was released on March 31.

How can PwC help you?

Contact PwC’s Regulatory team to get the edge on your industry’s regulatory requirements.